NHTSA Interpretation File Search
Overview
NHTSA's Chief Counsel interprets the statutes that the agency administers and the standards and regulations that it issues. Members of the public may submit requests for interpretation, and the Chief Counsel will respond with a letter of interpretation. These interpretation letters look at the particular facts presented in the question and explain the agency’s opinion on how the law applies given those facts. These letters of interpretation are guidance documents. They do not have the force and effect of law and are not meant to bind the public in any way. They are intended only to provide information to the public regarding existing requirements under the law or agency policies.
Understanding NHTSA’s Online Interpretation Files
NHTSA makes its letters of interpretation available to the public on this webpage.
An interpretation letter represents the opinion of the Chief Counsel based on the facts of individual cases at the time the letter was written. While these letters may be helpful in determining how the agency might answer a question that another person has if that question is similar to a previously considered question, do not assume that a prior interpretation will necessarily apply to your situation.
- Your facts may be sufficiently different from those presented in prior interpretations, such that the agency's answer to you might be different from the answer in the prior interpretation letter;
- Your situation may be completely new to the agency and not addressed in an existing interpretation letter;
- The agency's safety standards or regulations may have changed since the prior interpretation letter was written so that the agency's prior interpretation no longer applies; or
- Some combination of the above, or other, factors.
Searching NHTSA’s Online Interpretation Files
Before beginning a search, it’s important to understand how this online search works. Below we provide some examples of searches you can run. In some cases, the search results may include words similar to what you searched because it utilizes a fuzzy search algorithm.
Single word search
Example: car
Result: Any document containing that word.
Multiple word search
Example: car seat requirements
Result: Any document containing any of these words.
Connector word search
Example: car AND seat AND requirements
Result: Any document containing all of these words.
Note: Search operators such as AND or OR must be in all capital letters.
Phrase in double quotes
Example: "headlamp function"
Result: Any document with that phrase.
Conjunctive search
Example: functionally AND minima
Result: Any document with both of those words.
Wildcard
Example: headl*
Result: Any document with a word beginning with those letters (e.g., headlamp, headlight, headlamps).
Example: no*compl*
Result: Any document beginning with the letters “no” followed by the letters “compl” (e.g., noncompliance, non-complying).
Not
Example: headlamp NOT crash
Result: Any document containing the word “headlamp” and not the word “crash.”
Complex searches
You can combine search operators to write more targeted searches.
Note: The database does not currently support phrase searches with wildcards (e.g., “make* inoperative”).
Example: Headl* AND (supplement* OR auxiliary OR impair*)
Result: Any document containing words that are variants of “headlamp” (headlamp, headlights, etc.) and also containing a variant of “supplement” (supplement, supplemental, etc.) or “impair” (impair, impairment, etc.) or the word “auxiliary.”
Search Tool
NHTSA's Interpretation Files Search
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ID: aiam4829OpenMr. Samuel Yk Lau Kenwo Industries Ltd. Unit 20, 10/F, Block A, Hi-Tech Ind. Center, 5 Pak Tin Par Street, Tsuen Wan Hong Kong; Mr. Samuel Yk Lau Kenwo Industries Ltd. Unit 20 10/F Block A Hi-Tech Ind. Center 5 Pak Tin Par Street Tsuen Wan Hong Kong; Dear Mr. Lau: This is in reply to your letter of January 24, 1991 asking the agency for an opinion with respect to an 'additional brake lamp' that you manufacture and intend to export to the United States. You ask 'if there are any regulations, standards, or approval for this kind of product', and, further, 'does this product need to have any certificate or approval before it can be sold or installed?' Federal Motor Vehicle Safety Standard No. 108, Lamps, Reflective Devices, and Associated Equipment, has required the additional stop lamp on all passenger cars manufactured on and after September 1, l985. The Standard specifies performance and minimum lens area requirements for the lamp, and these requirements must be met by any lamp that is used as original equipment on passenger cars, and by any lamp that is intended to replace a lamp orignally installed on a car manufactured on and after September 1, l985. If the lamp is intended as replacement equipment, its manufacturer must provide certification to the distributor or dealer of the lamp that the lamp meets Standard No. 108. For lighting equipment this certification may be in the form of a DOT symbol on the product, or a written statement on the packaging that the lamp meets all applicable Federal motor vehicle safety standards, or such other written certification as the lamp manufacturer may choose (e.g., an invoice). In addition, the lamp manufacturer must file an Identification Statement with the agency, and a foreign manufacturer must designate an agent in the United States upon which the agency may serve legal process should that be required. However, there is no requirement that a manufacturer obtain approval from the agency before exporting its certified product to the United States and selling it here. However, Standard No. 108 does not apply to an additional stop lamp that is intended for use in a passenger car manufactured before September 1, l985, and there is no requirement that it be certified as meeting Standard No. 108. Under this circumstance, we advise that the packaging for any such lamp should clearly state that it is not intended to replace an original equipment center lamp so that legal questions regarding its conformity with Federal requirements do not arise. Even though the lamp is not subject to Standard No. 108, its foreign manufacturer must designate an agent in the United States, as mentioned in the previous paragraph. An additional stop lamp for passenger cars manufactured before September 1, l985, is also subject to the laws of the individual States in which the lamp is sold and used. We are unable to advise you on these laws, and suggest that you write for an opinion to the American Association of MOtor Vehicle Administrators, 4600 Wilson Boulevard, Arlington, Va. 22203, USA. We enclose a copy of Standard No. 108 and of the SAE standard on supplementary stop lamps that is incorporated by reference. We are also enclosing copies of the Manufacturer Identification and Designation of Agent regulations, and of other materials that our Office of Vehicle Safety Compliance provides in response to inquiries of this nature. Questions on these materials should be addressed to that Office. Sincerely, Paul Jackson Rice Chief Counsel Enclosures; |
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ID: aiam2210OpenMr. John L. O'Connell, State of Connecticut, Department of Motor Vehicles, State Street, Wethersfield, CT 06109; Mr. John L. O'Connell State of Connecticut Department of Motor Vehicles State Street Wethersfield CT 06109; Dear Mr. O'Connell: This is in response to your letters of June 24, 1975, and May 30, 1975 regarding Federal Motor Vehicle Safety Standards Nos. 217 and 205. Please excuse our delay in answering your questions.; In your letter of June 24, 1975, you asked whether Standard No. 21 applies to school buses, and if so, whether Connecticut's regulations concerning emergency exits for school buses are in conflict with the Federal standard. By notice published in the Federal Register on January 27, 1976 (41 FR 3871) Federal Motor Vehicle Safety Standard No. 217, *Bus Window Retention and Release*, 49 CFR 571.217, was amended to specify requirements for emergency doors for school buses, pursuant to the provisions of Section 202 of the Motor Vehicle and Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1484, 15 U.S.C. 1392).; Since Standard No. 217, as amended, applies to school buses, effectiv October 26, 1976, any State regulations which differ are voided by S103(d) of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1392(d)). The Connecticut regulations are, therefore, preempted by Standard No. 217, since S103(d) requires the State regulations to be 'identical' to the Federal standard.; It should be noted, however, that while the State of Connecticut ma not issue a regulation which differs from similarly applicable Federal Motor Vehicle Safety Standard requirements, Connecticut (or any of its political subdivisions) may in its own contracts for school bus purchases require more stringent specifications, as long as the Federal minimum requirements are met.; In your letter of May 30, 1975, you asked whether Lucite AR and othe similar rigid plastics are allowed for use as side windows of buses under Standard No. 205, even though S5.1.2.1 does not list the use for 'Item 12' rigid plastics.; 'Item 12' is a classification created by the NHTSA for rigid plastic which comply with all the tests required of 'Item 5' rigid plastics as defined in ANS Z26, with the exception of the test for resistance to undiluted denatured alcohol. Paragraph S5.1.2.1, Item 12 - *Rigid plastics*, provides that 'Item 5' safety plastic materials may be used in motor vehicles *only* in the locations specified, at levels not requisite for driving visibility. These locations include 'Standee windows in buses' and 'readily removable windows'. However, there is no provision in S5.1.2.1 which allows the use of 'Item 12' plastic materials for fixed, side windows in buses.; Standard No. 205 defines readily removable windows in buses having GVWR of more than 10,000 pounds to include pushout windows and windows mounted in emergency exits that can be manually pushed out of their location in the vehicle without the use of tools, whether or not one side remains hinged to the vehicle. Rigid plastics can only be used for side windows in buses if the side window is a readily removable window as defined by S5.1.1.4 or a standee window.; I hope this letter clarifies your questions concerning Standard Nos 217 and 205. Please contact us if we can be of any further assistance.; Yours truly, Richard B. Dyson, Assistant Chief Counsel |
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ID: aiam4064OpenMs. Cynthia R. Syverson, Manufacturers Representative, P.O. Box 23314, Jacksonville, FL 32217; Ms. Cynthia R. Syverson Manufacturers Representative P.O. Box 23314 Jacksonville FL 32217; Dear Ms. Syverson: Thank you for your letter of January 7, 1986, inquiring about th Federal safety standards that apply to a sun shading product you enclosed with your letter and asking whether the product complies with our standards. The product is a rolldown sun shade, which when extended covers a 15 x 18 inch area of a vehicle window with a piece of perforated plastic. The product is designed to be attached to a vehicle's windows by suction cups. The following discussion explains how our safety standards apply to this product.; Some background information on how Federal motor vehicle safety law and regulations affect your product may be helpful. Our agency is authorized, under the National Traffic and Motor Vehicle Safety Act, to issue safety standards applicable to new motor vehicles and certain items of motor vehicle equipment. NHTSA, however, does not approve motor vehicles or motor vehicle equipment, nor do we endorse any commercial products. Instead the Vehicle Safety Act establishes a 'self-certification' process under which each manufacturer is responsible for certifying that its products meet all applicable safety standards. The agency periodically tests vehicles and equipment items for compliance with the standards, and also investigates other alleged safety-related defects. As explained below, installation of products in new and used vehicles would be affected by our regulations. In addition, any manufacturer of motor vehicle equipment is subject to the requirements of the Vehicle Safety Act concerning the recall and remedy of products with noncompliances or defects related to motor vehicle safety.; We have issued Federal Motor Vehicle Safety Standard No. 205, *Glazin Materials*, which specifies performance and location requirements for glazing used in vehicles. These requirements include specifications for minimum levels of light transmittance (70% in areas requisite for driving visibility, which includes all windows in passenger cars).; No manufacturer or dealer is permitted to install solar films and othe sun screen devices, such as the one described in your letter, in *new* vehicles without certifying that the vehicle continues to be in compliance with the light transmittance and other requirements of the standard.; After a vehicle is first sold to a consumer, modifications to a vehicl are affected by section 108(a)(2)(A) of the Vehicle Safety Act. That section prohibits commercial businesses from tampering with safety equipment installed on a vehicle in compliance with our standards. Thus, no dealer, manufacturer, repair business or distributor can install a sun screen device for the owner of the vehicle, if the device would cause the window not to meet the requirements of Standard No. 205. Violation of the 'render inoperative' provision can result in Federal civil penalties of up to $1,000 for each violation.; Section 108(a)(2)(A) does not affect vehicle owners, who may themselve alter their vehicles as they please, so long as they adhere to all State requirements. Under Federal law, the owner may install sun screening devices regardless of whether the installation adversely affects the light transmittance. Individual States govern the operational use of vehicles by their owners and therefore it is within the authority of the States to preclude owners from using sun screens in their vehicles.; If you need further information, please let me know. I am returning under separate cover, the sample you sent.; Sincerely, Erika Z. Jones, Chief Counsel |
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ID: aiam5619OpenThe Honorable Bart Stupak U.S. House of Representatives 902 Ludington St. Escanaba, MI 49829; The Honorable Bart Stupak U.S. House of Representatives 902 Ludington St. Escanaba MI 49829; Dear Mr. Stupak: Thank you for your letter enclosing correspondenc from your constituent, Mr. Kurt B. Ries, concerning our requirements for school vehicles. Your letter was referred to the National Highway Traffic Safety Administration (NHTSA) for reply, since NHTSA regulates the manufacture of all vehicles, including vans and school buses. Mr. Ries, Director of the Northeast Michigan Consortium, asks for relief from what he believes is a new Federal regulation. The Northeast Michigan Consortium uses a number of 15-passenger vans to transport students to employment training programs and jobs. Mr. Ries believes the new Federal regulation will require all vehicles transporting students, including vans, to be replaced with 'mini-school buses,' which he believes is economically unfeasible. I appreciate this opportunity to address your constituent's concerns. As explained below, the new regulation that Mr. Ries is concerned about is not a Federal regulation, but one that Michigan is considering adopting as State law. NHTSA has issued safety standards applicable to new motor vehicles, including school buses. Under our regulations, a 'school bus' is a vehicle carrying 11 or more persons, that is sold to transport children to school or school-related events. Congress has directed NHTSA to require school bus manufacturers to meet safety standards on aspects of school bus safety, including floor strength, seating systems, and crashworthiness. Each seller of a new school bus must ensure that the vehicle is certified as meeting these safety standards. While NHTSA regulates the manufacture and sale of new school buses, this agency does not regulate the use of vehicles. Thus, we do not have a present or pending requirement that would require Mr. Ries to cease using his vans for school transportation. The requirements for the use of school buses and other vehicles are matters for each State to decide. We understand from Mr. Roger Lynas, the State Pupil Transportation Director in Michigan, that Michigan is considering changing its school bus definition to make it more similar to NHTSA's. Such an amendment could affect what vehicles can be used for school transportation under State law. For more information about Michigan's proposed amendment, we suggest Mr. Ries contact Mr. Lynas at (517) 373-4013. NHTSA does not require States to permit only the use of 'school buses' when buses are used for school transportation. However, we support State decisions to do so. NHTSA provides recommendations for the States on various operational aspects of school bus and pupil transportation safety programs, in the form of Highway Safety Program Guideline No. 17, 'Pupil Transportation Safety,' copy enclosed. Since school buses have special safety features that conventional buses do not have, such as padded, high-backed seats, protected fuel tanks, and warning lights and stop arms, they are the safest means to transport school children. Guideline 17 recommends that all buses regularly used for student transportation meet our school bus safety standards. I hope this information is helpful. If you have any further questions, please do not hesitate to contact me. Sincerely, Carol Stroebel Director of Intergovernmental Affairs Enclosure; |
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ID: aiam5249OpenMr. Richard Glover Evenflo Juvenile Furniture Co. 1801 Commerce Dr. Piqua, OH 45356; Mr. Richard Glover Evenflo Juvenile Furniture Co. 1801 Commerce Dr. Piqua OH 45356; "Dear Mr. Glover: This responds to your letter and telephone call about the child seat registration form you are considering. The form is required by S5.8 of Standard 213, 'Child Restraint Systems,' and is depicted in figures 9a and 9b of the standard. You ask whether S5.8(c) permits you to place certain additional information in the shaded area on the form. The information is a bar code that you said on the telephone contains information on 'date of manufacture, shift, location and serial number for the product that the card represents.' You explain that the bar code is desired because it can be automatically scanned, which would avoid possible 'mis-keying' of the information into the data record. Further, you state that the bar code has to be surrounded by a slightly larger unshaded 'quiet zone' to enable the scanner to record the bar code information. You are concerned whether NHTSA would conclude that the quiet zone renders a part of the shaded area unshaded. It is our opinion that a bar code that contains the information you described is permitted in the shaded area (the area outside of the space for the consumer to fill in). S5.8(c) of Standard 213 specifies the information that must be provided on the form and states the following: No other information shall appear on the postcard, except identifying information that distinguishes a particular child restraint system from other systems of that model name or number may be preprinted in the shaded area of the postcard, as shown in figure 9a. The bar code, printed in the shaded area, is permitted by S5.8(c). The information provided by the bar code distinguishes a particular child seat from another of the same model name or number. We consider the quiet zone as part of the bar code since it is needed for the bar code to be reliably read. The quiet zone therefore need not be shaded, since the printed bar code (or any other identifying information permitted by S5.8(c)) itself is not. Please note that, while the bar code is permitted, the information on the model name or number and date of manufacture must still be in English under S5.8(c). This information must be in English so that a consumer can see that this information has been provided and that only minimal effort is needed to fill out the registration form. We also wish to note another feature of the form you faxed. Your form has the words 'please print' after the instructions to the consumer 'just fill in your name and address.' 'Please print' is not on the form depicted in figures 9a and 9b of Standard 213. In an earlier letter, NHTSA decided that a minor variation in the wording of a warning expressly specified by Standard 213 was permitted when the change clarified the warning and did not make any substantive change to the warning's meaning. (Letter to Mr. McGuigan, December 18, 1980.) Similarly, 'please print' is a minor variation to the wording of the instructions that clarifies the instructions and does not substantively change them. Thus, it is permitted. I hope this information is helpful. Please call Ms. Fujita at (202) 366-2992 if you have further questions. Sincerely, John Womack Acting Chief Counsel"; |
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ID: aiam3519OpenMs. Kathy G. Phillips, Manager, Vehicle Safety Division, Pennsylvania Department of Transportation, Harrisburg, PA 17123; Ms. Kathy G. Phillips Manager Vehicle Safety Division Pennsylvania Department of Transportation Harrisburg PA 17123; Dear Ms. Phillips: This responds to your letter of November 16, 1981, concernin differences between the Vehicle Equipment Safety Commission (VESC) Regulation on sun screening devices and applicable Federal standards. In addition, you asked about the requirements of several Federal motor vehicle safety standards and how they affect Pennsylvania vehicle inspection standards.; Your first question concerns any differences in light transmittanc requirements between the Federal standard and the 70 percent light transmittance requirement set by VESC in its Regulation No. 20, *Performance Requirements for Motor Vehicle Sun Screening Devices*. We have issued a Federal Motor Vehicle Safety Standard No. 205, *Glazing Materials*, which specifies performance and location requirements for glazing used in vehicles. The standard sets a minimum light transmittance level of 70 percent for glazing materials used in areas requisite for driving visibility, such as the windshield and front side windows.; As explained in the enclosed letter, the agency does not consider su screening solar films to be glazing materials themselves and thus they would not have to comply with Standard No. 205. However, as the enclosed letter explains, use of such devices on motor vehicles would be prohibited in certain cases if the vehicle glazing no longer complies with the light transmittance or other requirements of the standard.; You also asked if bumper height is regulated by a Federal standard. Th agency has issued, under the authority of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 *et seq*.) and the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1391 *et seq*.), a Part 581 Bumper Standard (49 CFR Part 581, copy enclosed) that specifies performance requirements for bumper systems. One aspect of performance regulated by the standard is the impact protection provided by the bumper at certain heights.; Section 110 of the Cost Savings Act (15 U.S.C. 1920) provides, i applicable part, that:; >>>No State or political subdivision thereof shall have any authorit to establish or enforce with respect to any passenger motor vehicle or passenger motor vehicle equipment offered for sale any bumper standard which is not identical to a Federal bumper standard.<<<; Section 103(d) of the Vehicle Safety Act (15 U.S.C. 1392(d)) provides in applicable part, that:; >>>Whenever a Federal motor vehicle safety standard established unde this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard.<<<; Therefore, unless the Pennsylvania regulation is identical to the Par 581 Bumper Standard, it is preempted.; Finally, you asked about Federal safety standards regulating the heigh of the windshield. The agency has not issued any safety standard specifying requirements for the vertical height of the windshield. Therefore, Pennsylvania's inspection standard on vertical windshield height is not preempted.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam0250OpenMr. Lowell A. Kintigh, Vice President, Engineering Staff, General Motors Corporation, General Motors Technical Center, Warren, MI 48090; Mr. Lowell A. Kintigh Vice President Engineering Staff General Motors Corporation General Motors Technical Center Warren MI 48090; Dear Mr. Kintigh: On August 13, 1970, you petitioned, on behalf of General Motor Corporation, for reconsideration of the amendment of 49 CFR 571.3, published on July 14, 1970 (35 F.R. 11242), which established a definition of 'fixed collision barrier'. The views presented in your petition have been carefully considered. For the reasons stated below, your petition is denied.; You argued that the phrase 'absorb no significant portion of th vehicle's kinetic energy' was subjective, and therefore not in accord with the statutory requirement that standards be stated in objective terms. This argument is without merit. It appears to be based on the misconception that the purpose of the definition is to describe, or prescribe standards for, a manufacturer's test barrier, as evidenced by your statement that it 'gives manufacturer no guidelines for determining whether or not he has built a barrier which complies with the definition.' The Bureau does not intend that manufacturers should build barriers to 'comply with the definition.' As stated in the notice,; >>>'this is not intended to be a description of an actual test barrier It is a device used in various standards to establish required quantitative performance levels of a vehicle in a crash situation, and means simply that the vehicle must meet the requirement no matter how small an amount of energy is absorbed by the barrier.'; <<>>there is no known method of measuring the amount of energy absorbe by a barrier. Therefore, there is no way that the manufacturer could even attempt to determine whether or not his barrier complied with the definition, and, more importantly, whether or not his vehicle when tested complied with the performance requirements of the standards.'<<<; The energy absorption of a barrier is a direct function of the movemen of the barrier during the impact. To be sure, there are other properties, such as its effective mass and elasticity, that also are factors in energy absorption. But it is clear that as the barrier movement approaches zero, the energy absorption also approaches zero, and the barrier movement can be measured, as you indicated by your recommendation that a specified amount of movement be allowed. In all cases where the vehicle has a tangible margin of safety performance over the required minimum, therefore, a manufacturer will have no difficulty in determining that his vehicle complies.; If our standards 'allowed' barrier movement, it would be far mor difficult to establish conclusively that a given vehicle did *not* meet the standard, since it would always be open to the manufacturer to argue that the Bureau's barrier did not move as far, and consequently did not absorb as much energy, as the standard allowed. To the extent that there may be a small degree of uncertainty as to the variance in the vehicle test performance caused by the variance of a barrier from zero absorption, that uncertainty must rest with the manufacturer, who is free to design into his vehicles whatever margin of performance he desires.; This matter was thoroughly considered by the Bureau, and the opinion of knowledgeable members of the public were sought and carefully evaluated. For these reasons, your petition for reconsideration must be denied.; We appreciate your cooperation in the field of motor vehicle safety. Sincerely, Douglas W. Toms, Director |
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ID: aiam2324OpenMr. Jack Roadman, Box 9971, Pittsburgh, PA 15233; Mr. Jack Roadman Box 9971 Pittsburgh PA 15233; Dear Mr. Roadman: This is in response to your letters of February 26 and March 8, 1976 concerning the certification of a truck that you wish to build with a chassis that you have purchased from International Harvester. You have indicated that the chassis did not include an engine, transmission, or radiator. You installed a diesel engine, transmission, and a new driveshaft, and made various modifications to the chassis. You have had difficulties in persuading a body manufacturer to install a truck body.; The source of your difficulties appears to be a misunderstanding of th requirements of the National Traffic and Motor Vehicle Safety Act of 1966 (the Act) and the accompanying certification regulations. Pursuant to the Act, the National Highway Traffic Safety Administration has issued Federal motor vehicle safety standards. These standards apply to completed motor vehicles and to certain items of motor vehicle equipment (e.g., brake hoses, tires). The manufacturer of a motor vehicle or an item of equipment to which a standard applies is required by Section 114 of the Act to certify that his product complies with all applicable Federal motor vehicle safety standards.; 'Incomplete vehicle' is defined in 49 CFR Part 568, *Vehicle Manufactured in Two or More Stages*, as:; >>>an assemblage consisting, as a minimum, of frame and chassi structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations, other than the addition of readily attachable components, such as mirrors or tire and rim assemblies, or minor finishing operations such as painting, to become a completed vehicle.<<<; An incomplete vehicle is, strictly speaking, an item of motor vehicl equipment. There are no Federal motor vehicle safety standards that apply directly to these particular equipment items, and thus there is presently no certification requirement for incomplete vehicles. The manufacturer of an incomplete vehicle is required by Part 568, however, to furnish an 'incomplete vehicle document'. This document, which is described in S 568.4, must indicate the conformity status of the incomplete vehicle with respect to each standard that applies to the vehicles into which it may be completed.; The chassis that you bought from International Harvester (IH) was a item of motor vehicle equipment to which no standards apply. Therefore, IH was not required to furnish you with a certification of compliance. Further, the chassis was not an incomplete vehicle because it lacked an engine and transmission. Therefore, IH was not required to furnish an incomplete vehicle document. Becuase (sic) of your operations on the chassis, you are the manufacturer of an incomplete vehicle. You, therefore, are the person required to furnish an incomplete vehicle document.; Your letter also indicated a concern thay (sic) you were not given 'certificate of origin' by International Harvester when you purchased the chassis. Federal law does not require the issuance of a certificate of origin. Unless you intended to refer to the Section 114 'certification' discussed above, I assume that you have in mind a document that would be the subject of Pennsylvania state law.; Copies of the Act and the certification regulations are enclosed fo your convenience.; Yours truly, Stephen P. Wood, Assistant Chief Counsel |
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ID: aiam3535OpenLawrence W. Gebhardt, Gebhardt & Smith, Suite 1544, The World Trade Center, Baltimore, MD 21202; Lawrence W. Gebhardt Gebhardt & Smith Suite 1544 The World Trade Center Baltimore MD 21202; Dear Mr. Gebhardt: This is in response to your letter of November 30, 1981, in which yo raised several questions concerning the application of the exemption for dealer-to-dealer transfers of new cars. We are sorry for the delay in responding. Specifically you wanted to know if a dealer transferring a new vehicle with fifty miles registered on the odometer to another dealer was required to issue an odometer disclosure statement. You also requested that the agency provide you with cases subsequent to *Lair v. Lewis Service Center*, 428 F. Supp. 778 (D.Neb. 1977) which address the enforceability of the exemptions to Title IV of the Motor Vehicle Information and Cost Savings Act ('Act') (15 U.S.C. 1981 *et seq.*); Purchasers of motor vehicles rely heavily on the odometer reading as a index of the condition and value of the vehicle. The purpose of the Federal odometer laws is to establish certain safeguards against odometer tampering and to provide purchasers of motor vehicles an accurate statement of the mileage traveled by a motor vehicle. Section 408 of the Act requires that each transferor of a motor vehicle furnish to the transferee a written statement certifying the accuracy of the mileage. 15 U.S.C. 1988. The Odometer Disclosure Requirements specifically detail the information that must be disclosed. 49 CFR 580.4. However, the agency has determined that the exemption of certain transactions and vehicles is consistent with the purposes and scope of the Act. 49 CFR 580.5.; 49 CFR 580.5(b) exempts all transfers of a new vehicle prior to th first transfer to a customer who actually plans to use the vehicle from the Odometer Disclosure Requirements. The exemption applies to the dealer-to-dealer transfer of new vehicles regardless of the odometer reading. However, the exemption does not preclude a dealer from requiring the transferring dealer to certify the accuracy of the mileage.; The exemption is consistent with the purpose and scope of the Federa odometer laws. It is customary for dealers to transfer new vehicles to other dealers who plan to immediately resell the vehicle to a customer. Generally, the frequency of odometer fraud in these transactions is minimal. Indeed, prior to the transfer of a vehicle to a consumer, the odometer reading should only reflect the mileage accumulated while the vehicle is being demonstrated to a potential buyer or driven a short distance, which might be occasioned by a typical dealer-to-dealer transfer. We are unable to establish by issuing an opinion letter what the limit of such mileage incidental to the sale of a new car should be. If a dealer doubts the accuracy of the odometer reading, he can readily inspect the car for evidence of odometer tampering. In the absence of such evidence, the first dealer to sell the vehicle to a non-resale purchaser should be free to certify the mileage as accurate. The agency therefore views the issuance of odometer disclosure statements in such dealer-to-dealer transactions as unnecessarily burdensome on dealers.; In addition to *Lair v. Lewis Service Center*, the agency has knowledg of one other case *Romeri Trucking, Inc. v. Boise Kenworth Sale*, No. 80-1252 (D. Iowa, February 11, 1981), that addresses the issue of the enforceability of 49 CFR 580.5(a)(1). To date the agency has not issued a formal opinion on either case.; Sincerely, Frank Berndt, Chief Counsel |
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ID: aiam4455OpenMs. Joanne Salvio Fire Research Corporation 26 Southern Blvd. Nesconset, NY 11767; Ms. Joanne Salvio Fire Research Corporation 26 Southern Blvd. Nesconset NY 11767; "Dear Ms. Salvio: This responds to your November 10, 1987, lette asking whether the 'Guardian Gate' your company manufactures for firefighting vehicles is subject to Safety Standard No. 206, Door Locks and Door Retention Components. The answer to your question is yes, if the Gate is installed on new vehicles and if the area into which the door leads contains one or more seating positions. The advertising material you enclosed states that the Guardian Gate 'is designed to help firefighters while they are riding to fires in the jump seat of apparatus sic .' The advertisement said that the unique feature of the Guardian Gate is its locking mechanism which enables the gate to be locked 'on both its sides to the vehicle, the cab side, as well as the pump panel side.' The advertisement said this 'dual locking' feature is intended to minimize the likelihood that the gate will be opened either unintentionally or because of 'hazardous conditions' (an explanation of which the advertisement did not include). Paragraph S4 of Standard No. 206 states: 'Components on any side door leading directly into a compartment that contains one or more seating accommodations shall conform to this standard. ...' (S4 exempts certain types of doors from Standard No. 206, but these are doors that are readily removable or that are not provided for retaining occupants. Since the Guardian Gate falls into neither of these two categories, the exemptions are not relevant to your inquiry.) From the information you provided in your letter and in telephone calls between you and Ms. Hom of my staff, we understand that the standing area on the firefighting vehicle enclosed by the Guardian Gate contains a jump seat. Because 'seating accommodations' referred to in S4 include jump seats, a Guardian Gate that is installed to enclose a jump seat area on a new firefighting vehicle must comply with Standard No. 206. This determination is consistent with an August 13, 1980 letter from NHTSA to Mr. L. Steenbock of the FWD Corporation (copy enclosed), in which this agency stated that a door leading to a standing area that contains no seating position would not have to comply with Standard No. 206. Because Standard No. 206 applies to passenger cars, multipurpose passenger vehicles and trucks (e.g., firefighting vehicles), and not to replacement parts for installation in used vehicles of these types, you may sell the Guardian Gate to vehicle owners without regard as to whether the Gate complies with the performance requirements of the standard. However, we urge you to consider meeting those requirements voluntarily, to ensure that the Gate will perform to specified levels for the safety of firefighters riding in the 'jump seat area' of the vehicle. You should also be aware that you are responsible under the National Traffic and Motor Vehicle Safety Act, as a manufacturer of motor vehicle equipment, to ensure that your product contains no defect relating to motor vehicle safety. If you or this agency determines that a safety related defect exists, you must notify purchasers of your product of the defect and remedy the problem free of charge. I hope this information is helpful. Sincerely, Erika Z. Jones Chief Counsel Enclosure"; |
Request an Interpretation
You may email your request to Interpretations.NHTSA@dot.gov or send your request in hard copy to:
The Chief Counsel
National Highway Traffic Safety Administration, W41-326
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
If you want to talk to someone at NHTSA about what a request for interpretation should include, call the Office of the Chief Counsel at 202-366-2992.
Please note that NHTSA’s response will be made available in this online database, and that the incoming interpretation request may also be made publicly available.